California Healthcare Law

Physician Compensation, Pay-for-Performance, and Outcomes Reporting

September 11, 2008 · Leave a Comment

In an essay in the New York Times, cardiologist Saundeep Jauhar, M.D. describes the challenges inherent in linking physician compensation to performance. The problem, Dr. Jauhar writes, is that pay-for-performance programs (“P4P”) create incentives for particular therapies that result in their overuse: pay physicians for prescribing antibiotics, and patients will receive them even if they have no evidence of infection. In addition, P4P encourages “cherry-picking” and discourages physicians from treating the sickest patients for fear of negative statistics.

The same danger lies in many of the physician outcome reporting programs that are gaining in popularity: in the field of cardiothoracic surgery, for example, the California Coronary Artery Bypass Graft (CABG) Outcomes Reporting Program, CCORP, has given rise to a fear on the part of many surgeons of the implications of negative reporting on outcomes if they perform CABG on sick patients.

Recommended Action: Physicians are under increasing pressure – from both patients and payors – for more information about and incentivization linked to quality of care. Greater reliance on both pay-for-performance and outcome reporting metrics are inevitable, despite the manifest problems inherent in both. On an individual level, providers need to approach these trends and their challenges strategically. On a collective level, providers need to take part actively in establishing — and establishing limits on — meaningful quality guidelines before payors and government agencies impose them.

Harry Nelson is a partner in Fenton & Nelson, LLP, a law firm that counsels healthcare providers on business and compliance issues. For additional information, please contact Fenton & Nelson at harry@fentonnelson.com

©Harry Nelson 2008

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Study questions efficacy of arthroscopic knee surgery

September 11, 2008 · Leave a Comment

The New York Times reports on a new study in the New England Journal of Medicine that reflects negative scientific data for arthroscopic surgery for knee osteoarthritis. The study compared two groups of patients with arthritic knees; one group received arthroscopic surgery, physical therapy and medications, while the other received only physical therapy and medications. According to the study, over the subsequent two years, no difference in symptom was discerned.

Recommended Action: Arthroscopic surgery as a treatment of knee osteoarthritis and insurance reimbursement for the surgery are expected to decline as a result of the study. As with all procedures, providers who elect to continue performing the procedure should protect themselves by ensuring that patients are informed in making the decision to undergo surgery.

Harry Nelson is a partner in Fenton & Nelson, LLP. Fenton & Nelson counsels healthcare providers on business and regulatory compliance issues. For additional information, please contact him at harry@fentonnelson.com

©Harry Nelson 2008

Categories: Medicare